Attorney General Bonta Hosts Fifth Regional Convening on Immigrant Rights in San Diego

SAN DIEGO - California Attorney General Rob Bonta today held the fifth and final in a series of regional convenings with immigrant rights groups, elected officials, and others in San Diego, California. During the convening, the Attorney General and California Department of Justice (CADOJ) staff shared resources, heard concerns, and discussed CADOJ's ongoing efforts to protect California's immigrant communities. Over the past two months, the Attorney General has released a number of guidances to help California immigrants better understand their rights and protections under the law and assist law enforcement, prosecutors, and public institutions in complying with state law. The resources, many available in multiple languages, can be accessed at oag.ca.gov/immigrant/resources.

"We've been preparing for this day for months - hearing concerns through these regional convenings and issuing guidance for immigrants, local law enforcement, prosecutors, school officials, and public institutions, all in anticipation of the President attempting to see through his destructive immigration agenda," said Attorney General Bonta. "I'm disappointed, but not surprised, by the President's executive orders. But I want to be clear that California will not waiver in its commitment to upholding the rights and protections of all of our residents, including the nearly 11 million immigrants who call this state home. We hear your concerns, and we will continue to use the full force of the law and tools of this office to stand up for you."

Know Your Immigration Rights and Protections Under the Law

• You have the right to apply for and secure housing without sharing your immigration status. California law prohibits housing providers from asking about your immigration status unless you are applying for affordable housing funded by the federal government. Additionally, housing providers cannot harass or intimidate you by threatening or sharing information about your immigration status to ICE, law enforcement, or other government agencies.
• You have the right to access emergency medical care. Federal laws and regulations ensure the rights of all people to access emergency medical care, including undocumented immigrants.
• You have the right to an attorney. If you are arrested by police, you have the right to a government-appointed attorney. If you are detained by ICE and/or are facing immigration proceedings, you have the right to seek legal assistance through an attorney.
• State and local law enforcement cannot ask for your immigration status. California law expressly prohibits law enforcement from inquiring about a person's immigration status for immigration enforcement purposes.
• State and local law enforcement cannot share your personal information. This includes sharing your home or work address for immigration purposes, unless that information is available to the public or unless that information involves previous criminal arrest, convictions or similar criminal history.
• State and local law enforcement cannot assist ICE with immigration enforcement, with very limited exceptions. This means they cannot investigate, cannot interrogate, cannot arrest, and cannot detain you unless it is as part of joint federal task force where the primary purpose is not immigration enforcement.

Guidance for Immigrant Students and Families

• Right to a Free Public Education: All children have a right to equal access to free public education, regardless of their or their parents'/guardians' immigration status.
• Information Required for School Enrollment: Schools must accept a variety of documents from the student's parent or guardian to demonstrate proof of child's age or residency and schools are not required to keep a copy of the document used as proof of a child's age.
• Confidentiality of Personal Information: Federal and state laws protect student education records and personal information. These laws generally require that schools obtain written consent from parents or guardians before releasing student information, unless the release of information is for educational purposes, is already public, or is in response to a court order or subpoena.

Protect Yourself from Immigration Scams

If you need help applying for immigration relief, be careful who you hire. Watch out for immigration scams that can cost you thousands of dollars and/or harm your immigration status! Here are some tips and resources to help:

• Go to a legitimate legal aid organization for free legal help. Many nonprofit organizations provide free immigration help to low-income individuals, such as those found through the resources below. To find a legal aid organization near you, go to lawhelpca.org.
• Keep your original documents in a safe place. Don't give your original documents to anyone unless you see proof that the government requires the original document. If you give someone an original, they may lose it or refuse to return it unless you pay them.
• Do not hire an immigration consultant or a notary. Only lawyers, accredited representatives, and recognized organizations can give you legal advice or represent you in immigration court. Immigration consultants - who may call themselves immigration experts, notarios, notaries public, or paralegals - cannot do so.
• Do not give money or personal information to anyone who calls, texts, or emails you claiming that there is a problem with your immigration matter. No federal or state agency, including USCIS, will ever ask for your personal information or payment over the phone, by email, or text.

Resources for the Reporting of and Response to Hate Crimes

In light of the President's xenophobic rhetoric and an anticipated uptick in hostility toward immigrant communities, the Attorney General issued updated guidance and resources for law enforcement, prosecutors, and victims of hate crimes:

Guidance and Model Policies for Public institutions

Attorney General Bonta issued updated guidance to help staff develop practical plans to protect the rights of immigrants and their families to safely access public institutions by limiting support of immigration enforcement activity at these institutions. While the guidance is tailored to certain types of public institutions, any institution that is accessible to the public may choose to adopt a similar policy to protect the rights and safety of their patrons.

Guidance for State and Local Law Enforcement

Attorney General Bonta issued an updated bulletin describing local and state law enforcement agencies' obligations under SB 54, which prohibits the use of state and local resources to assist with federal immigration enforcement, with very limited exceptions. The bulletin can be found here.

Guidance for Prosecutors and Defense Counsel

The Attorney General issued new guidance to provide defense counsel and prosecutors with information regarding their obligations under Section 1016.3 of the Penal Code to affirmatively let defendants know about the immigration consequences of a proposed plea deal. A copy of the guidance is available here.

Access Free and Low-Cost Legal Assistance

Visit Law Help CA or Immigration Law Help to find immigration assistance near you.

File a Complaint

If you believe your rights have been violated, report it to the California Department of Justice at oag.ca.gov/report.

If you believe you were subject to discrimination, harassment or retaliation, report it to the California Civil Rights Department at calcivilrights.ca.gov/complaintprocess/.

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